Wednesday, January 22, 2014

Equal parent rights for gay couples

Gay couples will get equal parenting rights regardless of whether the referendum on same sex marriage is passed.

Justice
Minister Alan Shatter intends bringing in laws by the end of the year
to extend guardianship, custody, and access rights to the non-biological
parents of children in same-sex relationships and children born through
surrogacy and sperm and egg donation.

However, he also said the more controversial issue of adoption by
same-sex couples and civil partners would be legislated for no matter
how the outcome of next year’s referendum goes.

“There is a simple message about this referendum. This isn’t a
complicated issue. It’s about one very simple issue which is whether
people of the same sex should be allowed celebrate a ceremony that’s
called marriage as opposed to celebrate a ceremony that’s called civil
partnership. I think it’s very simple. I don’t think it’s any more
complex than that. There’s no other issues that arise because much of
the issues that will arise will have been addressed.”

A draft Children and Family Relationships Bill will be discussed by
Cabinet shortly and considered by Oireachtas committee by Easter, he
said. It will be finalised by July and be ready for Dáil debate by
September with the intention of enacting it by December.

While adoption is not currently in the bill, the minister said it would
also be tackled. “Since 1952 an individual can adopt regardless of his
or her sexual orientation. It makes no logical sense where an individual
who is gay can individually adopt that a couple in a civil partnership
should not be able to adopt. These are issues to be addressed whether
or not we have same-sex marriage.”

His words were warmly received by campaign group Marriage Equality,
which hosted the seminar on parenting rights where the minister spoke
yesterday, but he anticipates opposition to legislative change.

“These are controversial issues on which there is a diversity of strongly held views,” he said.

“I think people will want to bring in all sorts of extraneous matters.”

He challenged TDs with opposing views to come clean on their position
now, particularly as the only Dáil discussion on the issues so far heard
no dissent.

A UCD study on parenting by lesbian, gay, bisexual, and transgender
people presented at the seminar found that the lack of legal recognition
for many parent-child relationships was a cause of stress and left
non-traditional families feeling vulnerable.

Mr Shatter said family law had been framed for a different age and
different social circumstances and were not catering for the best
interests of all children and those parenting them.

“The issues and the needs in this area will not change should the
outcome of the intended referendum on same-sex marriage support or
reject the enactment of legislation to facilitate such marriages. It’s
an issue that simply, come what may, we need to address.”